Category: Attorney Resources
Articles posted in this section are intended to assist defense attorneys in Utah’s criminal courts and as an educational resource for law students or others studying criminal justice. Information in these articles is not legal advice and may not be suited to the facts of any specific case.
CONTACT AN ATTORNEY DIRECTLY IF YOU ARE FACING CRIMINAL CHARGES IN UTAH.
-
Fifth Amendment – Protecting the Innocent
Fifth Amendment Rights and Miranda Warnings The following was written by Utah Attorney Stephen Howard and first published in the Deseret News on May 1, 2016 in a slightly edited form. Celebrating 50 Years Since Miranda v. Arizona…
-
“Innocent Possession” in Utah Drug Cases
Legal Issues in Controlled Substance Defense While the defense of “innocent possession” is not expressly stated in the Utah criminal code, it is a valid defense that has been recognized by Utah’s appellate courts in drug and controlled substance…
-
Utah Rules of Evidence – 616
Admissibility of Statements from Custodial Interrogations On October 28, 2015, the Utah Supreme Court announced the promulgation of a new evidentiary rule, governing the admissibility of statements made during custodial interrogations in Utah felony cases. The rule places…
-
Non-Appearance by Victim Witnesses
If I am a domestic violence (DV) victim, what happens if I don’t show up? In some situations, a criminal domestic violence case may be dismissed if the victim fails to appear in court on the scheduled trial…
-
Transferred Intent in Utah Criminal Cases
Certain criminal offenses in Utah require a specific intent to cause harm, injury, or damage to either a person or property. For these offenses, in addition to the intent to commit an act, the prosecutor must prove also…
-
Compelled Testimony in Utah Criminal Cases
Can I receive immunity if I am forced to testify in a Utah criminal case? The Utah State Constitution as well as the Fifth Amendment to the United States Constitution guarantee the privilege against self-incrimination. Generally, this means…